Implementation of Judgments: Practical Insights from Civil Society

2020 ◽  
Vol 12 (1) ◽  
pp. 224-229
Author(s):  
Erika Dailey
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Lived Experience ◽  
Indigenous Peoples ◽  
Mirror Image ◽  
Quality Education ◽  
Legal Analysis ◽  
Structured Interviews ◽  
Government Action ◽  
Society Perspective

Abstract This practice note takes a complementary look at the implementation of court judgments regarding human rights, interrogating the perspectives and lived experience of independent stakeholders, among them victims of human rights violations, advocates, litigators, legislators, judges, and other civil society representatives. It draws on the Open Society Justice Initiative’s Strategic Litigation Impacts inquiry, a partner-led, multi-year comparative socio-legal study based on hundreds of semi-structured interviews and legal analysis of 11 diverse countries, eight international conferences and workshops, and four thematic reports examining various areas of rights: Roma and desegregation of education; indigenous peoples’ land rights; equal access to quality education; and torture in custody. The experience of these stakeholders prompts and responds to government action and inaction, offering a rough mirror image from a civil society perspective.

scholarly journals "You Are Never Truly Free" Social Stigma in India and its Impact Upon Rehabilitation, Reintegration and Advocacy for Survivors of Sex Trafficking

2021 ◽  
Author(s):  
◽  
Sumu Diya Mukesh
Keyword(s):  
Human Rights ◽  
Lived Experience ◽  
Human Trafficking ◽  
Gender Discrimination ◽  
Sex Trafficking ◽  
Social Stigma ◽  
Vulnerable Groups ◽  
Structured Interviews ◽  
Cultural Rights ◽  
Trafficking Victims

<p>This research examines how social stigmas related to sex work and sexual activity in India contribute to the creation of environments conducive to gender discrimination and the erosion of female rights. It seeks to understand, through the work of anti-trafficking staff and the lived experience of sex trafficking survivors in Kolkata, how this subsequently impacts survivors' ability to be successfully rehabilitated and reintegrated into their communities. Human trafficking directly limits the human rights and freedoms which development aims to facilitate and realise; it is fundamentally a development concern. Violations of human rights are a cause and a consequence of trafficking in persons, making their universal promotion and protection relevant to anti-trafficking. Females constitute 80 per cent of all sex trafficking victims, demonstrating that it is a significantly gendered crime. India is home to 40 per cent of the estimated global slave population, and operates as a destination, transit and origin country for all forms of human trafficking.   This research involved semi-structured interviews focused on experiences and understandings of social stigma with eight staff of the anti-trafficking NGO Sanlaap, one staff member of a partnering Government-run shelter home, and one focus group with eight sex trafficking survivors. Data were analysed thematically through concepts of human rights, social stigma, gender discrimination and vulnerability.  The results indicated that prioritising the protection and promotion of their human rights was integral to Sanlaap's success in rehabilitating and reintegrating survivors. This research, therefore, reinforces conceptual links between human rights violations and sex trafficking, and argues that preventative action needs to have a more central role in current anti-trafficking efforts. The results demonstrate that stigma is a manifestation of power, which enables the subordination and displacement of vulnerable groups, reinforces inequality and power imbalances, and continues to undermine survivor rights to reintegration. This study also highlights where there is a need to advance discourse about cultural rights and sexuality within anti-trafficking work in India, and to implement broader approaches to women's development as part of sex trafficking prevention strategies.</p>

scholarly journals Constitutional and legal analysis of assessing the effectiveness off the formation and functioning of public control in Russia

2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Russian Federation ◽  
Practical Implementation ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Foundations ◽  
The Russian Federation

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  

scholarly journals "You Are Never Truly Free" Social Stigma in India and its Impact Upon Rehabilitation, Reintegration and Advocacy for Survivors of Sex Trafficking

2021 ◽  
Author(s):  
◽  
Sumu Diya Mukesh
Keyword(s):  
Human Rights ◽  
Lived Experience ◽  
Human Trafficking ◽  
Gender Discrimination ◽  
Sex Trafficking ◽  
Social Stigma ◽  
Vulnerable Groups ◽  
Structured Interviews ◽  
Cultural Rights ◽  
Trafficking Victims

<p>This research examines how social stigmas related to sex work and sexual activity in India contribute to the creation of environments conducive to gender discrimination and the erosion of female rights. It seeks to understand, through the work of anti-trafficking staff and the lived experience of sex trafficking survivors in Kolkata, how this subsequently impacts survivors' ability to be successfully rehabilitated and reintegrated into their communities. Human trafficking directly limits the human rights and freedoms which development aims to facilitate and realise; it is fundamentally a development concern. Violations of human rights are a cause and a consequence of trafficking in persons, making their universal promotion and protection relevant to anti-trafficking. Females constitute 80 per cent of all sex trafficking victims, demonstrating that it is a significantly gendered crime. India is home to 40 per cent of the estimated global slave population, and operates as a destination, transit and origin country for all forms of human trafficking.   This research involved semi-structured interviews focused on experiences and understandings of social stigma with eight staff of the anti-trafficking NGO Sanlaap, one staff member of a partnering Government-run shelter home, and one focus group with eight sex trafficking survivors. Data were analysed thematically through concepts of human rights, social stigma, gender discrimination and vulnerability.  The results indicated that prioritising the protection and promotion of their human rights was integral to Sanlaap's success in rehabilitating and reintegrating survivors. This research, therefore, reinforces conceptual links between human rights violations and sex trafficking, and argues that preventative action needs to have a more central role in current anti-trafficking efforts. The results demonstrate that stigma is a manifestation of power, which enables the subordination and displacement of vulnerable groups, reinforces inequality and power imbalances, and continues to undermine survivor rights to reintegration. This study also highlights where there is a need to advance discourse about cultural rights and sexuality within anti-trafficking work in India, and to implement broader approaches to women's development as part of sex trafficking prevention strategies.</p>

scholarly journals CECA e COMIN: A sociedade civil promovendo cidadania desde outras pedagogias

2016 ◽  
Vol 10 (15) ◽  
pp. 113
Author(s):  
Nivea Ivette Núñez de la Paz E Renate Gierus
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
Civil Society ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Student Leaders ◽  
Civil Society Organizations ◽  
Educational Processes ◽  
History Of

Este artigo, embasado em relatos de experiências, quer compartilhar processos educativos vivenciados a partir de duas organizações da sociedade civil - OSCs, o Centro Ecumênico de Capacitação e Assessoria - CECA e o Conselho de Missão entre Povos Indígenas-COMIN, instituições que tem suas sedes localizadas em São Leopoldo/RS. O CECA atua na formação de lideranças estudantis, comunitárias, de movimentos eclesiais e sociais; e o COMIN, com povos indígenas, ambas na promoção de cidadania e direitos humanos. Iniciamos o relato com um breve histórico de cada instituição, seguido da descrição metodológica da experiência, finalizando com uma análise da mesma.This article, based on experience reports, wants to share educational processes experienced based on two civil society organizations - OSCs, Ecumenical Centre for Training and Consultancy - CECA and Council of Mission among Indigenous people - COMIN, institutions that have their headquarters located in São Leopoldo / RS. CECA acts with formation of student leaders, community, ecclesial and social movements; and COMIN with indigenous peoples, both promote citizenship and human rights. We begin this reporting with a brief history of each institution, followed by the methodological description of the experience, ending with an analysis of that experience.

scholarly journals Decolonizing Diabetes

2019 ◽  
Vol 14 (2) ◽  
pp. 252-275
Author(s):  
Roger Stephen Pilon ◽  
Monique Benoit ◽  
Marion Maar ◽  
Sheila Cote ◽  
Fern Assinewe ◽  
...  
Keyword(s):  
Type 2 Diabetes ◽  
Lived Experience ◽  
Indigenous Peoples ◽  
Research Question ◽  
Structured Interviews ◽  
Northern Ontario ◽  
Main Research ◽  
The Impact ◽  
The Way

This article presents insights into the colonial experience of Indigenous Peoples living with type 2 diabetes within seven First Nation communities in Northern Ontario. A constructivist grounded theory methodology, guided by a decolonizing and participatory action approach to conducting research with Indigenous Peoples, was utilised in this study. Twenty-two individuals with type 2 diabetes were interviewed. The main research question explored the impact of colonization on the lived experience and perceptions about developing type 2 diabetes for Indigenous Peoples.  Using semi-structured interviews, the three main categories that emerged from the analysis of the interview transcripts were changing ways of eating, developing diabetes, and choosing your medicine.  A substantive theory was developed that suggests that Indigenous Peoples, with type 2 diabetes, often live with the perception that there is ‘no going back’ to the way things once were prior to European contact. As a result, they have adapted the way they live with diabetes which can, at times, be at odds with Indigenous world views. An adaptation that considers a complementary approach to the way individuals live and manage diabetes including both Traditional and Western ways may provide a framework for a decolonized model of type 2 diabetes care for Indigenous Peoples.

Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach

2016 ◽  
Vol 23 (1) ◽  
pp. 39-79 ◽  
Author(s):  
Alejandro Fuentes
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Latin American ◽  
Legal Analysis ◽  
Judicial Interpretation ◽  
Legal Standard ◽  
Communal Property ◽  
Scope Of Protection

This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played in the recognition of the indigenous peoples’ right to consultation and participation in all matters that directly affect them, as a guarantee for the protection of their right to communal property and natural resources traditionally used, and for safeguarding their cultural identity. In analysing the jurisprudence of the Inter-American Court, special attention is paid to the interpretative methods applied by the regional tribunal, and to the manner in which a non-restrictive and ‘culturally friendly’ interpretation of conventionally protected human rights has contributed to the enlargement of their scope of protection, and to their enjoyment by one of the most marginalized and excluded sectors of Latin-American societies.

scholarly journals Tasks and Functions of the Subjects of Guaranteeing Rights of Persons Sentenced to Imprisonment in Ukraine

2020 ◽  
Vol 9 (28) ◽  
pp. 92-99
Author(s):  
Serhii Bortnyk ◽  
Tatiana Korniakova ◽  
Kyrylo Muraviov ◽  
Olesia Marchenko
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Protection ◽  
International Standards ◽  
Legal Analysis ◽  
Legal Method ◽  
Security Control ◽  
Effective System ◽  
Protection Of Human Rights ◽  
Legal Mechanism

The purpose of the article is to identify the entities of ensuring the rights of citizens sentenced to imprisonment in Ukraine, as well as to analyze their tasks and functions. During the writing of the article, such methods of scientific knowledge as: comparative-legal, legal analysis, dialectical, system-structural, logic and legal method were used. The main entities of ensuring and protection the rights of citizens sentenced to imprisonment in Ukraine are identified. It is stated that the protection of the rights and freedoms of persons sentenced to imprisonment is done through an extensive system of state and non-state entities whose activity is aimed at the implementation of state policy in this field. It is proposed to classify the entities of protection of human rights and citizens, in particular they are divided into two main groups, namely who: a) are endowed with relevant functions on behalf of the state; b) perform certain functions as civil society institutions. The basic tasks of such entities are analyzed and their functions are defined and systematized (content characterization is provided). All functions of the entities of ensuring the rights of persons sentenced to imprisonment are divided into basic (normative, security, control) and additional (educational, re-socialization, social protection, prevention). It is concluded that the legislative consolidation of the tasks and functions of such entities is a prerequisite for the establishment of an effective system of ensuring the rights and freedoms of convicted persons. Such a legal mechanism must comply with universally recognized international standards in the field of the protection of human rights and freedoms.

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